Massachusetts House Bill H4323

Massachusetts 2023-2024 Regular Session

• Introduced: 2/8/24
• Refer: 2/8/24

Caption

To protect the privacy of 911 callers

Impact

If enacted, this legislation would significantly alter the classification of 911 call audio recordings, asserting that they should not be considered public records. This change would protect the privacy of callers by limiting disclosure, while permitting access for certain authorized parties such as law enforcement officials, attorneys, and training organizations. Notably, even with these protections, there would still be conditions under which recordings could be disclosed, such as through a court order or explicit consent from the caller.

Summary

House Bill H4323 aims to enhance the privacy protections for individuals who make 911 calls. The bill proposes specific amendments to Chapter 6A of the Massachusetts General Laws, particularly concerning the handling and retention of recordings made during 911 calls. Under the new provisions, enhanced 911 services must retain these recordings for a minimum of one year and establish confidentiality protocols that restrict access to the audio records, defining who can access them and under what circumstances.

Contention

The bill's language has generated discussions among legislators and advocacy groups focused on public safety and privacy rights. Proponents of H4323 argue that it strikes a balance between maintaining public safety and respecting personal privacy by offering security in sensitive circumstances where individuals make emergency calls. However, reservations have been expressed regarding the accessibility of recordings in criminal proceedings and whether this could inadvertently contribute to a lack of transparency in how emergency services operate.